论当前人体器官捐献的激励措施与问题——德国《器官移植法》修订的启示

Discussion on the Methods and Problems of Current Promotion of Organ Donation:Implications from the Modification of Organ Donation Act of Germany

中德两国的人体器官捐献制度都以自愿与无偿为基本原则,因此也面临同样的难题,即公众的捐献意愿决定性地影响器官捐献的数量。德国立法机关为了促进器官捐献,在德国《器官移植法》的修订中引进了"选择模式",法定机构将向年满16周岁的民众提供有关人体器官捐献的详细解说资料,并定期书面询问其是否愿意捐献。我国现行器官捐献制度尽管规定了多种激励措施,但是无法从根本上解决当前捐献意愿低迷的现状。德国器官移植制度的新变革对于解决我国当前面临的问题具有积极的参考意义。

Both of the basic principles of organ donation of China and Germany are voluntary and without payment. Therefore, both countries confront with the same difficulty, which is the willingness of donation of public determines the sum of the donated organs. In order to increase the number of organ donation, the legislature of Germany has imported the ＂model of choice＂ in the revision of Organ Donation Act of Germany, which includes providing detailed explanation relating to the organ donation to the public who is or over 16 years old, and regularly sending written inquisition of their willingness of donation. Although there are many methods of incentives for organ donations in the current system of China, it did not fundamentally change the current low level of willingness of organ donation. The reformation of Germany organ donation system may provide positive implications for us to solve the current problem.